Syed Md.Mahfooz Alam, J.

1. Since second appeal No. 168 of 1990 and second appeal No. 141 of 1990 arise out of one and the same judgment and decree dated 17.3.1990 passed by Sri Madan Mohan Verma, 2nd Additional District Judge, Begusarai in Misc. Title Appeal No. 26/1985/32/1987, as such both these second appeals are being disposed of by this common judgment passed in second appeal No. 168 of 1990. The learned 2nd Additional District Judge, Begusarai by his judgment and decree dated 17,3.1990 has been pleased to set aside the judgment and decree dated 17.9.1985 passed by Sri S.B. Choudhary, Munsif 1st, Begusarai in title suit No. 65/1980 whereby he had dismissed the suit of the plaintiff-respondents. Against the said judgment of reversal, the defendant- appellants have preferred these second appeals.

2. The plaintiffs case as per the plaint, is as follows :-

Plaintiff No. 1 Ramashish Prasad Singh, who was an unemployed graduate, was in search of a job and for that purpose he knocked the door of defendant No. 3 who was then posted at Barauni as Sales Officer of defendant No. 1 (I.B.P. Company Ltd.). Further case of the plaintiff is that defendant No. 3 representing his company furnished information that certain dealers are going to be employed by Indo Burma Petroleum Company Ltd, (defendant No. 1) for its proposed petrol pump between 15 to 16 km by the side of Begusarai Rosera High Way. He encouraged the plaintiff No. 1 that he being a local man of Manjhaul had better prospect for getting the job as he was satisfying the criteria laid down by the company for its illegibility in case the ST. or S.C. candidate or candidates from Co-operative Societies do not turn up. The defendant No. 3 called two persons from Calcutta and appointed a day for assessment of feasibility of installing petrol pump at proposed site asking the plaintiff to be present and then the three persons visited block and the proposed site for installation of petrol pump and collected relevant datas from the B.D.O. and Supply Inspector Cheria Bariarpur for successful running of the proposed petrol pump. The defendants also visited Khodawanpur and Bhgwanpur blocks and collected data from there also. On collection of data, the defendant No. 3 became fully satisfied for the successful working of petroleum pump at proposed site at Begusarai Rosera High Way. After holding aforesaid enquiry defendant No. 1 through its agents and employee i.e. defendant Nos. 2 and 3 directed the plaintiff to purchase 100/100 sq. feet of land near the proposed site and also to manufacture 2 lakhs of bricks as the same would facilitate the plaintiff for his selection as a dealer for which advertisement notice was to be issued in due course. Further case of the plaintiff is that defendant No. 1 published an advertisement in the "Indian Nation" dated 19.4.1979 calling upon application for the dealership laying down certain criteria for selection of the candidate with minimum qualification, and financial status. The plaintiff No. 1 was one of the applicants along with defendant 2nd party and he fulfilled all the criteria besides being a man of locality deserving special preference as envisaged under the advertisement. The plaintiff No. 1 turned up for interview before the board consisting of three persons and the plaintiff fared well in the interview which can be established from the record maintained by the company. Further case of the plaintiff is that the plaintiff No. 1 in anticipation of selection as per oral assurance of defendant Nos. 2 and 3 representing the company had already complied with the criteria as laid down by the company in its advertisement and invested huge amount of money to the tune of over a lakh in part performance of the contract by purchasing land through Kebalwa dated 24.1.1979 in his name from his uncle, plaintiff No. 2, Shri Arvind Narain Agrawal who is a big business magnet of Begusarai who gave his consent to sell the land only after talking to defenda